Food Traceability: FDA Issues Draft Enforcement Discretion Policy for Certain Small Retailers and Restaurants
In response to feedback from stakeholders, and after determining there would be minimal public health impact, the FDA is issuing draft guidance that will, if finalized, provide enforcement discretion from the requirements of the Food Traceability Rule for certain smaller retail food establishments (RFEs) and restaurants that were not previously captured as part of the full exemption for small RFEs and restaurants offered as part of the rule. The FDA states that they believe this additional flexibility will maintain the intended public health benefits of the rule as it would only impact a small percentage of total food sales while also providing relief to numerous smaller RFEs and restaurants.
Under the draft policy, the FDA does not intend to enforce any of the requirements of the Food Traceability Rule for RFEs and restaurants whose average monetary value of food sold or provided during the previous three-year period is greater than $250,000 but not more than $1million, adjusted for inflation using 2020 as the baseline year for calculating the adjustment.
FDA plans to offer additional flexibilities for complying with the Food Traceability Rule, beyond this draft enforcement policy for small RFEs and restaurants. Towards that end, the FDA will hold a public meeting on November 6, 2026. The public meeting is free and open to the public, but registration is necessary to attend.
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